Mon 26-Sep-05 11:01 AM by shawn

may be of interest ?

B, R (on the application of) v The Asylum Support Adjudicator & Anor (2005) EWHC 2017 (Admin) (19 September 2005)

The issue was whether paragraph 2(1)(b) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 preserved the duty of the Secretary of State for the Home Department to provide asylum support pursuant to section 122 of the Immigration and Asylum Act 1999 to the child of a person (a citizen of the Czech Republic) when that person ceased to be eligible for asylum support under section 95 of the 1999 Act.

Held that the duty of the (Home Office) under section 122 to provide asylum support to a child of a person is dependent upon that person being eligible for asylum support under section 95. As the Claimant is no longer eligible under section 95, the (Home Office's) duty under section 122 to the Claimant's children does not arise.